Explain suspension of rights: HC to govt
Mon, Nov 24th, 2008 4:28 pm BdST
Dhaka, Nov 24 (bdnews24.com) – The High Court on Monday asked the government to explain in four weeks why constitutional amendments allowing the suspension of fundamental rights of the people during emergency rule should not be declared void.
The bench of justices Syed Mahmud Hossain and Quamrul Islam Siddiqui passed the order on a writ petition filed by journalists M Asafuddowla, Nurul Kabir and Amir Khasru, and anthropologist Rahnuma Ahmed.
The court also asked the government to explain why the president's order of the proclamation of emergency and suspension of fundamental rights should not be declared unconstitutional.
Barrister Mayeen Firozee moved the petition while deputy attorney general Razik-al-Jalil was present during the hearing.
Barrister Firozee submitted that articles 26(3), 141B, 141C and 142 (2) were inserted through the Constitution (Second Amendment) Act 1973 for the obvious purpose of curtailment of the fundamental rights of citizens.
He said, "Fundamental rights are a provision of the Constitution."
Barrister Firozee contended that through the second amendment, therefore, the harmony of the Constitution had been destroyed.
He further argued, "The president invoking his power under article 141C issued a proclamation of emergency on January 11 (2007), and issued two emergency powers orders suspending fundamental rights."
Barrister Firozee continued, "Curtailing the right to move before the High Court for enforcement of fundamental rights, the independence of judiciary has also been curtailed."
HC asked the law secretary, the president's secretary and home secretary to reply the rule
The bench of justices Syed Mahmud Hossain and Quamrul Islam Siddiqui passed the order on a writ petition filed by journalists M Asafuddowla, Nurul Kabir and Amir Khasru, and anthropologist Rahnuma Ahmed.
The court also asked the government to explain why the president's order of the proclamation of emergency and suspension of fundamental rights should not be declared unconstitutional.
Barrister Mayeen Firozee moved the petition while deputy attorney general Razik-al-Jalil was present during the hearing.
Barrister Firozee submitted that articles 26(3), 141B, 141C and 142 (2) were inserted through the Constitution (Second Amendment) Act 1973 for the obvious purpose of curtailment of the fundamental rights of citizens.
He said, "Fundamental rights are a provision of the Constitution."
Barrister Firozee contended that through the second amendment, therefore, the harmony of the Constitution had been destroyed.
He further argued, "The president invoking his power under article 141C issued a proclamation of emergency on January 11 (2007), and issued two emergency powers orders suspending fundamental rights."
Barrister Firozee continued, "Curtailing the right to move before the High Court for enforcement of fundamental rights, the independence of judiciary has also been curtailed."
HC asked the law secretary, the president's secretary and home secretary to reply the rule
http://www.bdnews24.com/details.php?cid=2&id=69369&hb=0
Read Anthropologist Rahnuma Ahmed's writings at:
http://shahidul.wordpress.com/
Watch YouTube video at:
http://www.youtube.com/watch?v=XLK6GFc0yYE
Talk by Artistic Director Barbara Vanderlinden 2746: http://shahidul.wordpress.com/2008/10/19/showing-off-the-bride/
http://shahidul.wordpress.com/2008/06/18/dancing-amidst-the-baobabs/
http://www.youtube.com/watch?v=e2F5GC8ePE8
Workers in Royal Shipbreaking Yard in Chittagong sing to walk to a beat as they carry heavy metal sheets. Full story at ... Workers in Royal Shipbreaking Yard in Chittagong sing to walk to a beat as they carry heavy metal sheets. Full story at: http://shahidul.wordpress.com/2008/09/12/
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